A M SHAILA Vs. CHAIRMAN COCHIN PORT TRUST

JUDGEMENT

(1.) THE question for consideration is whether the policy of the Cochin Port Trust to exclude women from employment as shed clerks due to the hazardous nature of the duty, is violative of Articles 14 and 15 of the Constitution of India.

(2.) THE Cochin Prot Trust and its officers are respondents 1, 2 and 3. The respondent Nos. 4 and 5 are respectively the Divisional Employment Officer and the Director, Employment Exchanges, Trivandrum. The Ministry of Shipping and Surface Transport and the Law Society of India are respondents 6 and 7, respectively.

(3.) THE Cochin POrt Trust, the respondent No. 1 herein in "state" within the meaning of Article 12 of the Constitution of India. It employs over 50% women in various departments, such as the hospitals, telephone exchanges, offices and so on. The established policy of the Cochin Port Trust, hereinafter referred to as "the Port Trust" which was never departed from in the past, is to exclude women from employment as shed clerks. The petitioners are women registered for employment with the employment exchanges. They urge that the policy of the Port Trust to exclude women from employment as shed clerks is violative of Articles 14 and 15 of the Constitution of India. They seek a direction that the petitioners be invited for appointment and appointed as shed clerks.